NRS 586.010Short title.NRS 586.010 to 586.450,
inclusive, may be cited as the Nevada Pesticides Act.

[1:269:1955]—(NRS A 1971, 1133; 1975, 187)

NRS 586.020Definitions.As
used in NRS 586.010 to 586.450,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 586.030 to 586.220,
inclusive, have the meanings ascribed to them in those sections.

1. A pesticide, other than a plant
regulator, defoliant or desiccant, an ingredient which will prevent, destroy,
repel or mitigate insects, nematodes, fungi, rodents, weeds or other pests.

2. A plant regulator, an ingredient which,
through physiological action, will accelerate or retard the rate of growth or
rate of maturation or otherwise alter the behavior of ornamental or crop plants
or the produce thereof.

3. A defoliant, an ingredient which will
cause the leaves or foliage to drop from a plant.

4. A desiccant, an ingredient which will
artificially accelerate the drying of plant tissue.

[Part 2:269:1955]—(NRS A 1971, 1134)

NRS 586.040“Adulterated” defined.“Adulterated”
shall apply to any pesticide if its strength or purity falls below the
professed standard or quality as expressed on labeling or under which it is
sold, or if any substance has been substituted wholly or in part for the
article, or if any valuable constituent of the article has been wholly or in
part abstracted.

[Part 2:269:1955]—(NRS A 1971, 1134)

NRS 586.050“Antidote” defined.“Antidote”
means the most practical immediate treatment in case of poisoning and includes
first aid treatment.

[Part 2:269:1955]

NRS 586.052“Brand” defined.“Brand”
means any and all words, terms, designs or trademarks used in connection with a
pesticide.

NRS 586.055“Defoliant” defined.“Defoliant”
means any substance or mixture of substances intended for causing the leaves or
foliage to drop from a plant, with or without causing abscission.

(Added to NRS by 1971, 1131)

NRS 586.057“Desiccant” defined.“Desiccant”
means any substance or mixture of substances intended for artificially
accelerating the drying of plant tissues.

(Added to NRS by 1971, 1131)

NRS 586.060“Device” defined.“Device”
means any instrument or contrivance intended for trapping, destroying,
repelling or mitigating insects or rodents, or destroying, repelling or
mitigating fungi or weeds, or such other pests as designated by the Director.
The term does not include equipment used for the application of pesticides when
sold separately therefrom.

NRS 586.090“Fungi” defined.“Fungi”
means all non-chlorophyll-bearing thallophytes (that is, all
non-chlorophyll-bearing plants of a lower order than mosses and liverworts) as,
for example, rusts, smuts, mildews, molds, yeasts and bacteria, except those on
or in living humans or other animals.

[Part 2:269:1955]

NRS 586.100“Fungicide” defined.“Fungicide”
means any substance or mixture of substances intended for preventing,
destroying, repelling or mitigating any fungi.

[Part 2:269:1955]

NRS 586.110“Herbicide” defined.“Herbicide”
means any substance or mixture of substances intended for preventing,
destroying, repelling or mitigating any weed.

[Part 2:269:1955]

NRS 586.130“Inert ingredient” defined.“Inert
ingredient” means an ingredient which is not an active ingredient.

1. A statement of the name and amount by
percentage of weight of each active ingredient, together with the total amount
by percentage of weight of the inert ingredients, in the pesticide; or

2. A statement of the name of each active
ingredient, together with the name of each and total amount by percentage of
weight of the inert ingredients, if any there be, in the pesticide (except
subsection 1 shall apply if the preparation is highly toxic to humans,
determined as provided in NRS 586.310).

Ê In addition
to subsections 1 and 2, in case the pesticide contains arsenic, lead or mercury
in any form, a statement of the percentages of weights of total and
water-soluble arsenic, lead or mercury, each calculated as elemental arsenic,
lead or mercury.

NRS 586.140“Insect” defined.“Insect”
means any of the numerous small invertebrate animals generally having the body
more or less obviously segmented, for the most part belonging to the class
Insecta, comprising six-legged, usually winged forms, as, for example, beetles,
bugs, bees, flies, and to other allied classes of arthropods whose members are
wingless and usually have more than 6 legs, as, for example, spiders, mites,
ticks, centipedes and wood lice.

[Part 2:269:1955]

NRS 586.150“Insecticide” defined.“Insecticide”
means any substance or mixture of substances intended for preventing,
destroying, repelling or mitigating any insects which may be present in any
environment whatever.

[Part 2:269:1955]

NRS 586.160“Label” defined.“Label”
means the written, printed or graphic matter on or attached to the pesticide or
device, or the immediate container thereof, and the outside container or
wrapper of the retail package, if any there be, of the pesticide or device.

[Part 2:269:1955]—(NRS A 1971, 1135)

NRS 586.170“Labeling” defined.“Labeling”
means all labels and other written, printed or graphic matter:

1. Upon the pesticide or device or any of
its containers or wrappers;

2. Accompanying the pesticide or device at
any time; or

3. To which reference is made on the label
or in literature accompanying the pesticide or device, except when accurate,
nonmisleading reference is made to current official publications of the United
States Departments of Agriculture or Interior, the United States Public Health
Service, state experiment stations, state agricultural colleges, or other
similar federal institutions or official agencies of this state or other states
authorized by law to conduct research in the field of pesticides.

[Part 2:269:1955]—(NRS A 1971, 1135)

NRS 586.180“Misbranded” defined.“Misbranded”
shall apply:

1. To any pesticide or device if its
labeling bears any statement, design or graphic representation relative thereto
or to its ingredients which is false or misleading in any particular.

2. To any pesticide:

(a) If it is an imitation of, or is offered for
sale under the name of, another pesticide;

(b) If its labeling bears any reference to
registration under NRS 586.010 to 586.450, inclusive;

(c) If the labeling accompanying it does not
contain instructions for use which are necessary and, if complied with,
adequate for the protection of the public;

(d) If the label does not contain a warning or
caution statement which may be necessary and, if complied with, adequate to
prevent injury to living human beings and other vertebrate animals;

(e) If the label does not bear an ingredient
statement on that part of the immediate container and on the outside container
or wrapper, if there be one through which the ingredient statement on the
immediate container cannot be clearly read, of the retail package which is
presented or displayed under customary conditions of purchase;

(f) If any word, statement or other information
required by or under the authority of NRS 586.010
to 586.450, inclusive, to appear on the labeling is
not prominently placed thereon with such conspicuousness (as compared with
other words, statements, designs, or graphic matter in the labeling) and in
such terms as to render it likely to be read and understood by the ordinary
individual under customary conditions of purchase and use;

(g) If in the case of a pesticide, when used as
directed, or in accordance with commonly recognized practice, it shall be
injurious to living human beings or other vertebrate animals or vegetation,
except weeds, to which it is applied, or to the person applying such pesticide;
or

(h) If in the case of a plant regulator,
defoliant or desiccant, when used as directed, it shall be injurious to human
beings or other vertebrate animals, or vegetation to which it is applied; but
physical or physiological effects on plants or parts thereof shall not be
deemed to be injury when this is the purpose for which the plant regulator,
defoliant or desiccant was applied, in accordance with the label claims and
recommendations.

NRS 586.186“Nematode” defined.“Nematode”
means invertebrate animals of the phylum nemathelminthes and class Nematoda,
that is, unsegmented round worms with elongated, fusiform or sac-like bodies
covered with cuticle, and inhabiting soil, water, plants or plant parts, also
called nemas or eelworms.

(Added to NRS by 1971, 1131)

NRS 586.195“Pesticide” defined.“Pesticide”
includes, but is not limited to:

1. Any substance or mixture of substances,
including any living organisms, any product derived therefrom and any
fungicide, herbicide, insecticide, nematocide and rodenticide, intended to
prevent, destroy, control, repel, attract or mitigate any insect, rodent,
nematode, snail, slug, fungus, weed and any other form of plant or animal life
or virus, except a virus on or in living humans or other animals, which is
normally considered to be a pest or which the Director declares to be a pest.

2. Any substance or mixture of substances
intended to be used as a plant regulator, defoliant, desiccant, and any other
substance intended for that use as named by the Director by regulation.

NRS 586.197“Plant regulator” defined.“Plant
regulator” means any substance or mixture of substances, intended through
physiological action, for accelerating or retarding the rate of growth or rate
of maturation, or for otherwise altering the behavior of ornamental or crop
plants or the produce thereof, but shall not include substances to the extent
that they are intended as plant nutrients, trace elements, nutritional
chemicals, plant inoculants and soil amendments.

(Added to NRS by 1971, 1131)

NRS 586.200“Registrant” defined.“Registrant”
means the person registering any brand of pesticide pursuant to the provisions
of NRS 586.010 to 586.450,
inclusive.

NRS 586.210“Rodenticide” defined.“Rodenticide”
means any substance or mixture of substances intended for preventing,
destroying, repelling or mitigating rodents or any other vertebrate animal
which the Director declares to be a pest.

NRS 586.220“Weed” defined.“Weed”
means any plant which grows where not wanted.

[Part 2:269:1955]

NRS 586.230Jurisdiction of Director.Jurisdiction
in all matters pertaining to the distribution, sale and transportation of
pesticides and devices is, pursuant to NRS 586.010
to 586.450, inclusive, vested exclusively in the
Director.

NRS 586.250Registration of brands of pesticides with Director; renewal.Each brand of pesticide which is distributed,
sold or offered for sale within this state, or delivered for transportation or
transported in intrastate commerce or between points within this state through
any point outside this state, must be registered in the office of the Director.
Such a registration of a brand of pesticide must be renewed annually.

(a) The name and address of the registrant and
the name and address of the person whose name will appear on the label, if
other than the registrant.

(b) The brand of the pesticide.

(c) A complete copy of the labeling accompanying
the brand of pesticide and a statement of all claims to be made for it,
including directions for use.

(d) If requested by the Director, a full
description of the tests made and the results thereof upon which the claims are
based.

2. In the case of the renewal of
registration, a statement is required only with respect to information which is
different from the information that was furnished when the brand of pesticide
was registered or last reregistered.

NRS 586.270Fee for registration: Amount established by regulation; deposit
and use of proceeds.

1. A registrant shall pay an annual
registration fee in an amount established by regulation of the Director for
each brand of pesticide registered.

2. The Director shall, for each annual
registration fee collected, deposit in a separate account the amount
established for that purpose by regulation of the Director. The money deposited
in the account must be used:

(a) For the disposal of pesticides;

(b) To monitor pesticides;

(c) To protect groundwater and surface water from
contamination by pesticides; and

(d) For the eradication and control of noxious
weeds.

3. A registrant who offers a pesticide for
sale before registering the brand of pesticide shall pay an amount equal to
twice the registration fee for registering the brand of pesticide.

4. As used in this section, “noxious weed”
has the meaning ascribed to it in NRS
555.005.

NRS 586.280Submission of formula for pesticide to Director; registration of
article by Director.

1. If the Director deems it necessary in
the administration of NRS 586.010 to 586.450, inclusive, the Director may require the
submission of the complete formula of any pesticide.

2. If it appears to the Director that the
composition of the article is such as to warrant the proposed claims for it,
and if the article and its labeling and other material required to be submitted
comply with the requirements of NRS 586.350 to 586.410, inclusive, the Director shall register the
article.

NRS 586.290Notice to registrant of failure of compliance of article for
registration; effect of registration on commission of offense.

1. If it does not appear to the Director
that the article is such as to warrant the proposed claims for it, or if the
article and its labeling and other material required to be submitted do not
comply with the provisions of NRS 586.010 to 586.450, inclusive, the Director shall notify the
registrant of the manner in which the article, labeling or other material
required to be submitted fails to comply with NRS
586.010 to 586.450, inclusive, to allow the
registrant an opportunity to make the necessary corrections.

2. The registration of an article is not a
defense for the commission of any offense prohibited under NRS 586.350 to 586.410,
inclusive.

NRS 586.300Registration not required for interplant shipments.Notwithstanding any other provision of NRS 586.010 to 586.450,
inclusive, registration is not required in the case of a pesticide shipped from
one plant within this state to another plant within this state operated by the
same person.

[Part 4:269:1955]—(NRS A 1971, 1137)

NRS 586.310Determination by Director: Identification of pests; toxicity of
pesticides; standards of coloring.The
Director may, after providing an opportunity for a hearing:

1. Declare as a pest any form of plant
life or animal life or virus which is injurious to plants, humans, domestic
animals, articles or substances.

2. Determine whether pesticides are highly
toxic to humans.

3. Determine standards of coloring or
discoloring for pesticides, and to subject pesticides to the requirements of NRS 586.380.

NRS 586.330Adoption of standards prescribed by United States Environmental
Protection Agency.To avoid
confusion endangering the public health resulting from diverse requirements,
particularly as to the labeling and coloring of pesticides, and to avoid increased
costs to the residents of this state because of the necessity of complying with
diverse requirements in the manufacture and sale of pesticides, it is desirable
that there be uniformity between the requirements of the several states and the
Federal Government relating to pesticides. To this end the Director may, after
a public hearing, adopt such regulations applicable to and in conformity with
the primary standards established by NRS 586.010 to
586.450, inclusive, as have been or may be
prescribed by the United States Environmental Protection Agency with respect to
pesticides.

NRS 586.339Cancellation, refusal or suspension of registration of brand of
pesticide.

1. Pursuant to NRS
586.335, the Director may, after a hearing, cancel the registration of, or
refuse to register, any brand of pesticide if:

(a) The pesticide has demonstrated serious
uncontrollable adverse effects within or outside the agricultural environment.

(b) The use of the pesticide is of less public
value or greater detriment to the environment than the benefit received by its
use.

(c) There is a reasonably effective and
practicable alternate material or procedure to the pesticide which is
demonstrably less destructive to the environment.

(d) The pesticide, when properly used, is
detrimental to:

(1) Vegetation, except weeds;

(2) Domestic animals; or

(3) Public health and safety.

(e) The pesticide is of little or no value for
the purpose for which it is intended.

(f) Any false or misleading statement concerning
the pesticide is made or implied by the registrant or an agent of the
registrant, orally or in writing, or in the form of any advertising literature.

2. In making any such determination, the
Director may require such practical demonstrations as are necessary to
determine the facts.

3. If the Director has a reason to believe
that any of the conditions stated in subsection 1 are applicable to any
pesticide the brand of which is registered and that the use or continued use of
the pesticide constitutes an immediate substantial danger to persons or to the
environment, the Director may, after notice to the registrant, suspend the
registration of the brand of pesticide pending a hearing and final decision.

NRS 586.350Unlawful distribution, sale or transportation of pesticide:
Unregistered brand; pesticide that differs from its registration.It is unlawful for any person to distribute,
sell or offer for sale within this state, or deliver for transportation or
transport in intrastate commerce or between points within this state through
any point outside this state, any pesticide the brand of which has not been
registered pursuant to the provisions of NRS 586.250
to 586.300, inclusive, or any pesticide if any of
the claims made for it or any of the directions for its use differ in substance
from the representations made in connection with its registration, or if the
composition of a pesticide differs from its composition as represented in
connection with its registration, except that, in the discretion of the
Director, a change in the labeling or formula of a pesticide may be made within
a registration period without requiring reregistration of the brand of
pesticide.

NRS 586.360Sale or distribution of pesticide without required container and
labeling unlawful.It is unlawful
for any person to distribute, sell or offer for sale within this state, or
deliver for transportation or transport in intrastate commerce or between
points within this state through any point outside this state, any pesticide
unless it is in the registrant’s or the manufacturer’s unbroken immediate
container and there is affixed to the container, and to the outside container
or wrapper of the retail package, if there is one through which the required
information on the immediate container cannot be clearly read, a label bearing:

1. The name and address of the
manufacturer, registrant or person for whom manufactured.

2. The brand under which the article is
sold.

3. The net weight or measure of the
content, subject to such reasonable variations as the Director may permit.

NRS 586.370Sale or distribution of pesticide containing substance highly
toxic to humans: Additional information required on label.It shall be unlawful for any person to
distribute, sell or offer for sale within this State or deliver for
transportation or transport in intrastate commerce or between points within
this State through any point outside this State any pesticide which contains
any substance or substances in quantities highly toxic to humans, determined as
provided in NRS 586.310, unless the label shall
bear, in addition to any other matter required by NRS
586.010 to 586.450, inclusive:

1. The skull and crossbones.

2. The word “poison” prominently, in red,
on a background of distinctly contrasting color.

1. It is unlawful for any person to
distribute, sell or offer for sale within this State, or deliver for
transportation or transport in intrastate commerce or between points within
this State through any point outside this State, the pesticides commonly known
as standard lead arsenate, basic lead arsenate, calcium arsenate, magnesium
arsenate, zinc arsenate, zinc arsenite, sodium fluoride, sodium fluorosilicate,
and barium fluorosilicate, and those containing mercurial compounds, unless
they have been distinctly colored or discolored as provided by the regulations
adopted in accordance with the provisions of NRS
586.010 to 586.450, inclusive, or any other
white powder pesticide which the Director, after investigation of and after
public hearing on the necessity for such action for the protection of the
public health and the feasibility of the coloration or discoloration, by
regulation requires to be distinctly colored or discolored, unless it has been
so colored or discolored.

2. The Director may exempt any pesticide
to the extent that it is intended for a particular use from the coloring or
discoloring required or authorized by this section if the Director determines
that the coloring or discoloring for that use is not necessary to protect the
public health.

NRS 586.390Sale or distribution of adulterated or misbranded pesticide
unlawful.It shall be unlawful for
any person to distribute, sell or offer for sale within this state or deliver
for transportation or transport in intrastate commerce or between points within
this state through any point outside this state any pesticide which is
adulterated or misbranded or any device which is misbranded.

[Part 3:269:1955]—(NRS A 1971, 1139)

NRS 586.400Detachment of labels or addition or removal of substances from
pesticide unlawful.It shall be
unlawful for any person to detach, alter, deface or destroy, in whole or in
part, any label or labeling provided for in NRS 586.010
to 586.450, inclusive, or regulations promulgated
thereunder, or to add any substance to, or take any substance from, a pesticide
in a manner that may defeat the purpose of NRS 586.010
to 586.450, inclusive.

[Part 3:269:1955]—(NRS A 1971, 1139)

NRS 586.401Regulations of Director: General authority; application,
distribution and criteria for classification of restricted-use pesticides.

1. The Director shall adopt regulations
governing the application and distribution of any pesticides which the Director
finds must necessarily be applied in pest control but which unless carefully
used are likely to be:

(a) Injurious to persons, pollinating insects,
bees, animals, crops or land, other than the pest or vegetation it is intended
to prevent, destroy, control or mitigate; or

1. The regulations governing the use of
restricted-use pesticides may:

(a) Provide the time when and the conditions
under which they may be used in this State.

(b) Prohibit their use in areas of this State.

(c) Provide that they shall be used only under a
permit for each application; and the permit may set forth the time, conditions,
quantity and concentration of its use.

2. Every permit which is issued under the
regulations adopted pursuant to this section is conditioned upon compliance
with such regulations and upon such other specified conditions as may be deemed
necessary to avoid injury.

3. Any permit may be refused, revoked or
suspended for violation of any of the conditions of such permit, or for
violation of any provisions of NRS 586.010 to 586.450, inclusive, or the regulations adopted
pursuant to such sections.

(Added to NRS by 1971, 1133)

NRS 586.405Restricted-use pesticides: Permit authorizing special use.

1. The Director may issue a special use
permit authorizing the use of a pesticide for a purpose other than that for
which it is registered. The permit must set forth:

(a) The name and dosage rate of the pesticide or
other material to be used.

(b) The type of pest to be controlled.

(c) The crop or property to be treated.

2. The special use permit may limit the
time, quantity, area and manner of application.

1. It is unlawful for any person to sell
or offer to sell at the retail level or distribute or deliver for
transportation for delivery to the consumer or user a pesticide classified for
restricted use pursuant to NRS 586.401 or the
Federal Environmental Pesticide Control Act, 7 U.S.C. §§ 136 et seq., unless
the person is registered with the Director.

2. Each person applying for registration
must provide a statement including:

(a) The name and address of the person
registering; and

(b) The name and address of any person who, on
behalf of the person registering, sells, offers to sell, distributes or
delivers for transportation a restricted-use pesticide.

3. All registrations expire on December 31
and are renewable annually.

4. Each person registering shall pay:

(a) An annual registration fee established by
regulation of the State Board of Agriculture; and

(b) A penalty fee of $5 if the person’s previous
registration has expired by the failure to reregister on or before February 1,
unless the person’s registration is accompanied by a signed statement that no
person named on the registration statement has sold or distributed any
restricted-use pesticides during the year the registration was not in effect.

5. Each person who is registered shall
maintain for 2 years a record of all sales of restricted-use pesticides
showing:

(a) The date of sale or delivery;

(b) The name and address of the person to whom
sold or delivered;

(c) The brand name of the pesticide product;

(d) The amount of pesticide product sold or
delivered;

(e) The certification number of the certified
applicator who is applying or supervising the application of the pesticide if
the purchaser of the pesticide is not certified to apply the pesticide; and

(f) Such other information as may be required by
the Director.

6. Each person registered pursuant to this
section shall, on or before the 15th day of each month, file a report with the
Director specifying the restricted-use pesticides sold during the previous
month. The Director shall provide the form for the report. The form must be
filed regardless of whether the person sold any pesticides during the previous month.

NRS 586.4065Restricted-use pesticides: Denial, suspension or revocation of
seller’s registration.The
Director may refuse to grant or renew a registration under NRS 586.406 or may suspend or revoke the registration
if, after notice and a hearing, the Director is satisfied that:

1. The person registered has, without
reasonable cause, failed to record information as required by NRS 586.406 or a regulation adopted by the Director;

2. The person registered has made a
fictitious or false entry in the required records; or

3. The applicant has made sales or
delivery of restricted-use pesticides without registering with the Director.

NRS 586.407Restricted-use pesticides: Unlawful sale or delivery.It is unlawful for any person to sell or
deliver any restricted-use pesticide to any person who is required by the regulations
adopted by the Director to have a permit to use that material, unless the
person or the agent of the person to whom delivery is made signs a written
statement in a form prescribed by the Director stating that the person holds a
valid permit to use the kind and quantity of the restricted-use pesticide which
is delivered.

NRS 586.409Restricted-use pesticides: Unlawful application.It shall be unlawful for any person to apply
any restricted-use pesticide for which regulations have been adopted, except as
provided in such regulations.

(Added to NRS by 1971, 1133)

NRS 586.410Disclosure of information relative to formulas unlawful;
exceptions.It is unlawful for any
person to use for the person’s own advantage, or to reveal, other than to the
Director or proper officers or employees of the State, or to the courts of this
State in response to a subpoena, or to physicians, or in emergencies to
pharmacists and other qualified persons, for use in the preparation of
antidotes, any information relating to the formulas of products acquired by
authority of NRS 586.280.

1. The penalties provided for violations
of NRS 586.350 to 586.390,
inclusive, do not apply to:

(a) Any carrier while lawfully engaged in
transporting a pesticide within this state, if the carrier, upon request,
permits the Director or the Director’s designated agent to copy all records
showing the transactions in and movement of the articles.

(b) Public officers of this state and the Federal
Government engaged in the performance of their duties.

(c) The manufacturer or shipper of a pesticide
for experimental use only:

(1) By or under the supervision of an agency
of this state or of the Federal Government authorized by law to conduct
research in the field of pesticides; or

(2) By other persons if the pesticide is
not sold and if the container thereof is plainly and conspicuously marked “For
experimental use only—Not to be sold,” together with the manufacturer’s name
and address, but if a written permit has been obtained from the Director,
pesticides may be sold for experimental purposes subject to such restrictions
and conditions as may be set forth in the permit.

2. An article shall not be deemed in
violation of the provisions of NRS 586.010 to 586.450, inclusive, if intended solely for export to a
foreign country and if prepared or packed according to the specifications or
directions of the purchaser. If not so exported, all the provisions of NRS 586.010 to 586.450,
inclusive, apply.

1. The examination of pesticides or
devices must be made under the direction of the Director to determine whether
they comply with the requirements of NRS 586.010 to
586.450, inclusive. If it appears from the
examination that a pesticide or device fails to comply with the provisions of NRS 586.010 to 586.450,
inclusive, and the Director contemplates instituting criminal proceedings
against any person, the Director shall cause appropriate notice to be given to
the person. Any person so notified must be given an opportunity to present the
person’s views, orally or in writing, with regard to those contemplated
proceedings, and if thereafter in the opinion of the Director it appears that
the provisions of NRS 586.010 to 586.450, inclusive, have been violated by the person,
the Director shall refer the facts to the district attorney of the county in
which the violation occurred with a copy of the results of the analysis or the
examination of the article. The provisions of NRS
586.010 to 586.450, inclusive, do not require
the Director to report any act or failure to act for prosecution or for the
institution of libel proceedings, or to report minor violations of NRS 586.010 to 586.450,
inclusive, if the Director believes that the public interest will be best
served by a suitable notice of warning in writing.

2. Each district attorney to whom any such
violation is reported shall cause appropriate proceedings to be instituted and
prosecuted in a court of proper jurisdiction without delay.

3. The Director shall, by publication in
such manner as the Director may prescribe, give notice of all judgments entered
in actions instituted under the authority of NRS
586.010 to 586.450, inclusive.

NRS 586.440Seizure for confiscation of nonregistered, adulterated or
misbranded pesticides and devices: Libel for condemnation; disposal by
destruction or sale.

1. Any pesticide or device that is
distributed, sold or offered for sale within the State of Nevada, or delivered
for transportation or transported in intrastate commerce or between points
within this state through any point outside this state is liable to be
proceeded against in any district court in any county of this state where it
may be found and seized for confiscation by process of libel for condemnation:

(a) In the case of a pesticide:

(1) If it is adulterated or misbranded.

(2) If the brand of the pesticide has not
been registered under the provisions of NRS 586.250
to 586.300, inclusive.

(3) If it is a white powder pesticide and
is not colored as required under NRS 586.010 to 586.450, inclusive.

(4) If it fails to bear on the label the
information required by NRS 586.010 to 586.450, inclusive.

(b) In the case of a device, if it is misbranded.

2. If the article is condemned, it must,
after the entry of the decree, be disposed of by destruction or sale as the
court may direct, and the proceeds must be paid to the State Treasurer and
deposited in the State General Fund. The article seized must not be sold or
destroyed contrary to the provisions of NRS 586.010
to 586.450, inclusive. The article must not be sold
or destroyed if the owner thereof pays the costs of condemnation and executes a
good and sufficient bond conditioned that the article must not be disposed of
unlawfully. The court shall then order that the article condemned must be
delivered to the owner thereof for relabeling or reprocessing as the case may
be.

3. When a decree of condemnation is
entered against the article, court costs, fees and storage charges, and other
proper expenses, must be awarded against the person, if any, intervening as
claimant of the article.

2. Notwithstanding any other provision of
this section, if any person, with intent to defraud, uses or reveals
information relative to formulas of products acquired under authority of NRS 586.280, the person shall be guilty of a gross
misdemeanor.

[8:269:1955]

DANGEROUS CAUSTIC OR CORROSIVE ACIDS, ALKALIS AND OTHER
SUBSTANCES

NRS 586.460“Dangerous caustic or corrosive substance” defined.As used in NRS 586.460
to 586.520, inclusive, unless the context or
subject matter otherwise requires, “dangerous caustic or corrosive substance”
means each and all of the acids, alkalis and substances named below:

1. Hydrochloric acid and any preparation
containing free or chemically unneutralized hydrochloric acid (HCl) in a
concentration of 10 percent or more.

2. Sulfuric acid and any preparation
containing free or chemically unneutralized sulfuric acid (H2SO4) in a
concentration of 10 percent or more.

3. Nitric acid or any preparation
containing free or chemically unneutralized nitric acid (HNO3) in a
concentration of 5 percent or more.

4. Carbolic acid (C6H5OH), otherwise known
as phenol, and any preparation containing carbolic acid in a concentration of 5
percent or more.

5. Oxalic acid and any preparation
containing free or chemically unneutralized oxalic acid (H2C2O4) in a
concentration of 10 percent or more.

6. Any salt of oxalic acid and any
preparation containing any such salt in a concentration of 10 percent or more.

7. Acetic acid or any preparation
containing free or chemically unneutralized acetic acid (HC2H3O2) in a
concentration of 20 percent or more.

8. Hypochlorous acid, either free or
combined, and any preparation containing the same in a concentration so as to
yield 10 percent or more by weight of available chlorine, excluding oxal
chlorinata, bleaching powder and chloride of lime.

9. Potassium hydroxide and any preparation
containing free or chemically unneutralized potassium hydroxide (KOH),
including caustic potash and Vienna paste, in a concentration of 10 percent or
more.

10. Sodium hydroxide and any preparation
containing free or chemically unneutralized sodium hydroxide (NaOH), including
caustic soda and lye, in a concentration of 10 percent or more.

11. Silver nitrate, sometimes known as
lunar caustic, and any preparation containing silver nitrate (AgNO3) in a
concentration of 5 percent or more.

12. Ammonia water and any preparation
yielding free or chemically uncombined ammonia (NH3), including ammonium
hydroxide and hartshorn, in a concentration of 5 percent or more.

2. The name and place of business of the
manufacturer, packer, seller or distributor.

3. The word “poison” running parallel with
the main body of reading matter on the label or sticker, on a clear, plain
background of a distinctly contrasting color, in uncondensed gothic capital
letters, the letters to be not less than 24-point size, unless there is on the
label or sticker no other type so large, in which event the type shall be not
smaller than the largest type on the label or sticker.

4. Directions for treatment in case of
accidental personal injury by the dangerous caustic or corrosive substance.

[Part 1:52:1925; NCL § 1000]

NRS 586.480Sale of dangerous caustic or corrosive substance for household
use in misbranded parcel, package or container prohibited.No person shall sell, barter or exchange, or
receive, hold, pack, display, or offer for sale, barter or exchange in the
State of Nevada, any dangerous caustic or corrosive substance in a misbranded
parcel, package or container, the parcel, package or container being designed
for household use.

[2:52:1925; NCL § 1001]

NRS 586.490Misbranded dangerous caustic or corrosive substance may be
proceeded against in justice court; condemnation, destruction or sale;
disposition of sale proceeds.

1. Any dangerous caustic or corrosive
substance in a misbranded parcel, package or container suitable for household
use that is being sold, bartered or exchanged, or held, displayed or offered
for sale, barter or exchange, shall be liable to be proceeded against in any
justice court of the county wherein such sale, barter, exchange, display, offer
for sale, barter or exchange shall take place within the jurisdiction of which
the same is found, and if such substance is condemned as misbranded, it shall
be disposed of by destruction or sale, as the court may direct.

2. If sold, the proceeds, less the actual
costs and charges, shall be paid over to the State Treasurer. Such substance
shall not be sold contrary to the laws of the State.

3. Upon the payment of the costs of such
proceedings and the execution and delivery of a good and sufficient bond to the
effect that such substance will not be unlawfully sold or otherwise disposed
of, the court may by order direct that such substance be delivered to the owner
thereof.

[3:52:1925; NCL § 1002]

NRS 586.500Enforcement by Commissioner of Food and Drugs; approval and
registration of brands and labels.

1. The Commissioner of Food and Drugs
shall enforce the provisions of NRS 586.460 to 586.520, inclusive.

2. The Commissioner of Food and Drugs is
authorized and empowered to approve and register such brands and labels
intended for use under the provisions of NRS 586.460
to 586.520, inclusive, as may be submitted to the
Commissioner for that purpose and as may in the Commissioner’s judgment conform
to the requirements of NRS 586.460 to 586.520, inclusive, but in any prosecution under NRS 586.460 to 586.520,
inclusive, the fact that any brand or label involved in such prosecution has
not been submitted to the Commissioner for approval, or if submitted has not
been approved, shall be immaterial.

[5:52:1925; NCL § 1004]

NRS 586.510Duties of district attorney.Every
district attorney to whom there is presented, or who in any way procures,
satisfactory evidence of any violation of the provisions of NRS 586.460 to 586.520,
inclusive, shall cause appropriate proceedings to be commenced and prosecuted
in the proper courts, without delay, for the enforcement of the penalties
provided in NRS 586.520.

[6:52:1925; NCL § 1005]

NRS 586.520Penalty.Any person
violating the provisions of NRS 586.460 to 586.510, inclusive, shall be punished by a fine of not
more than $250.